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HomeMy WebLinkAbout09038ORDINANCE NO. 9038 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF GRANT AGREEMENTS BETWEEN THE CITY OF PUEBLO AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONCERNING THE YEAR 2016 HOME INVESTMENT PARTNERSHIPS GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT, AMENDING ORDINANCE NO. 8988 AMENDING THE CITY OF PUEBLO’S 2016 ANNUAL ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,134,614.91 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Grant Agreements between the U. S. Department of Housing and Urban Development (HUD) and the City of Pueblo, which are identified as Grant Number M-16-DC-08-0205 for the HOME Investment Partnerships Act (HOME) and B-16-MC-08-0007 for the Community Development Block Grant (CDBG) grants, copies of which are attached hereto, are hereby approved in all respects. SECTION 2. The payments made by HUD to the City pursuant to and under the Grant Agreements shall be transmitted to the Finance Department of the City and credited to Special Fund Nos. 250 for CDBG funds and 251 for the HOME funds. SECTION 3. Monies received as program income including principal and interest loan repayments, or other sources of private receipts by the fund accounts listed in Section 2 of this Ordinance, shall be transmitted to the Finance Department of the City and credited to Fund Nos. 250 and 251. SECTION 4. CDBG funds in the amount of $1,352,916, which includes $15,000 in anticipated program income, and $781,698.91 in HOME funds, which includes the City’s match share of $119,587.81, anticipated program income of $112,282.10, and the Pueblo County share of $60,756.11 for a total of $2,134,614.91, are hereby budgeted and appropriated for the projects and in the amounts set forth in the Annual Action Plan FY 2016-2017, as per Attachment 1. SECTION 5. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached grant agreements to effectuate the transactions described within the Annual Action Plan approved by Ordinance 8988. SECTION 6. The Vice President of the City Council is hereby authorized and directed to execute said Grant Agreements in the name of the City and the City Clerk is hereby authorized and directed to affix the official seal of the City of Pueblo and attest same. SECTION 7. This Ordinance shall become effective immediately upon final passage. INTRODUCED: August 22, 2016 BY: Ed Brown Councilperson APPROVED: VICE-PRESIDENT OF CITY COUNCIL ATTESTED BY: PASSED AND APPROVED: September 12, 2016 City Clerk’s Office Item # U-1 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: August 22, 2016 TO: Vice President Ed Brown and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Ada Clark, Director of Housing and Citizen Services SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF GRANT AGREEMENTS BETWEEN THE CITY OF PUEBLO AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONCERNING THE YEAR 2016 HOME INVESTMENT PARTNERSHIPS GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT, AMENDING ORDINANCE NO. 8988 AMENDING THE CITY OF PUEBLO’S 2016 ANNUAL ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,134,614.91 SUMMARY: Attached is an Ordinance for City Council consideration authorizing the City of Pueblo to accept the 2016 HOME and CDBG grants. It appropriates and budgets the funds to undertake the activities submitted to HUD in the 2016 Annual Action Plan approved by the City Council in Ordinance No. 8988 PREVIOUS COUNCIL ACTION: The City Council on March 28, 2016 approved Ordinance No. 8988, which authorized submission of the Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) FY 2016 application to the U.S. Department of Housing and Urban Development (HUD). BACKGROUND: The City of Pueblo is an entitlement community under the Community Development Block Grant and the HOME Investment Partnership Act grants. HUD requires that each entitlement community complete and submit an Annual Action Plan (AAP) outlining the activities that it will undertake in conformance with the needs identified in the Consolidated Plan. Council approved the 2016-2017 AAP as previously stated, and it was submitted to HUD for approval. The AAP was approved as evidenced by the grant agreements. The City must now execute the grant agreements. FINANCIAL IMPLICATIONS: For grant year 2016, HUD authorized $1,337,916, in CDBG funds and $549,829 in HOME funds. HOME funds are received under the Pueblo Consortium. The Consortium funding is split on an 87/13 basis with the County, as determined by HUD. The City portion of HOME grant to be budgeted and appropriated includes the 2016 grant ($489,072.89), the 2016 match ($119,587.81), and the 2016 anticipated program income ($112,282.10) for a total of $720,942.80. The County portion of the 2016 HOME grant is $60,756.11. CDBG funds to be budgeted and appropriated include the 2016 grant ($1,337,916) and 2016 anticipated program income ($15,000) for a total $1,352,916. BOARD/COMMISSION RECOMMENDATION: The Citizens Advisory Committee approved the activities of the 2016 Action Plan at their August 4, 2015 meeting. STAKEHOLDER PROCESS: Public Notices were published in the Pueblo Chieftain notifying the community of the approved activities. A public hearing was held before the City Council on March 28, 2016, as well as the application presentations public hearing of July 22, 2015. ALTERNATIVES: If the Ordinance is not approved, the City will not be awarded the funds for 2016. RECOMMENDATION: Approval of the Ordinance. Attachments: Attachment 1: Description of 2016 Grant Projects Certification of Correctness Funding Approval and HOME Investment Partnerships Agreement Funding/Approval Agreement (CDBG) Attachment 1 Community Development Block Grant Program Funds Project No. Description of Project Applicant Funding Amount Public Services CD1602 Tenant Based Rental Assistance Posada, Inc $5,000 Administration CD1603 Homeless Supportive Services Program Posada, Inc. $45,000 CD1604 Homeless Youth Outreach Project Posada, Inc. $35,000 CD1605 Youth Recreation at Risley Boys&Girls Club $66,237.70 Eastside Center CD1606 Home Stability Program Catholic Charities $20,000 CD1607 Graffiti Removal Program Municipal Court $15,000 CD1608 SRDA Transportation SRDA $13,400 Public Facilities/Neighborhood Improvements CD1609 ADA Ramps-Eligible Census Tracts City of Pueblo $400,000 CD1610 Portland Park Shelters Anthony Carbajal/ENA $68,209 CD1611 Demolition Program City of Pueblo Public Works $100,000 CD 1612 St Anne's Park Ball Field Rehab La Gente Youth Sports $115,993 CD1613 Installation of Streetlights Pueblo Housing Authority $6,000 Housing Activities CDI614 Emergency Housing Rehabilitation Pueblo County Housing and $45,000 for Seniors Human Services CD1615 Minor Repairs Program Housing and Citizen Services $75,000 CD1616 Owner Occupied Rehab Housing and Citizen Services $50,000 Program Administration CD1601 Program Administration Housing and Citizen Services $267,583.20 CD1617 Contingencies Housing and Citizen Services $10,493.10 CD16PI Program Income Housing and Citizen Services $15,000 Total $1,352,916 S:\Resolutions&Ordinances Beth\Reso&Ordinances\ordinances\2016\Acceptance 2016 grants 082216\Attachment 1-final allocation 2016-rvsd.docx HOME Partnership Investment Act Program Funds Project No. Description of Project Organization Funding Amount H01610 City Administration City of Pueblo $47,835.12 HO1620 Pueblo County Administration $7,147.78 HO1630 Consortium Share Housing Programs $53,608.33 H01640 HOME Down-payment Assistance City of Pueblo $50,000 Program Community Housing Development Community Housing Development H01650 Organizations(CHDO) Organizations $82,474.35 HO1660 Rehab/Infill/New Construction City of Pueblo $308,763.42 H01670 City of Pueblo City Match Requirement $119,587.81 HOPI16 Program Income City of Pueblo $112,282.10 Total $781,698.91 S:\Resolutions&Ordinances Beth\Reso&Ordinances\ordinances\2016\Acceptance 2016 grants 082216\Attachment 1-final allocation 2016-rvsd.docx Funding Approval and HOME U.S. Department of Housing and Urban Development Office of Community Planning and Development Investment Partnerships Agreement Title II of the National Affordable Housing Act 1. Participant Name and Address 2. Grant Number: M16-DC080205 Pueblo 3a Tax Identification Number: 3b. Unique Entity Identifier(formerly 1 City Hall PI 846000615 DUNS):010620284 Pueblo,CO 81003-4201 16. Appropriation Number 17. FY(yyyy) 866/90205 2016 6. Previous Obligation(Enter"0"for initial FY allocation) $0.00 a. Formula Funds $ b. Community Housing Development Org. (CHDO)Competitive $ 7. Current Transaction(+or-) $549,829.00 a. Formula Funds $549,829.00 1. CHDO(For deobligations only) $ 2. Non-CHDO(For deobligations only) $ b. CHDO Competitive Reallocation or Deobligation $ 8. Revised Obligation $ a. Formula Fundsmostogalimanimmomom $ b. CHDO Competitive Reallocation $ 9. Special Conditions(check applicable box) 10. Date of Obligation(Congressional Release Date) ® Not applicable ❑Attached (08/03/2016 mm/dd/yyyy): 11. Indirect Cost Rate* 12. Period of Performance: Administering Agency/Dept. Indirect Cost Rate Direct Cost Base Date in Box#10-09/01/2024 —% * If funding assistance will be used for payment of indirect costs pursuant to 2 CFR y° 200, Subpart E-Cost Principles, provide the name of the department/agency, its indirect cost rate(including if the de minimis rate is charged per 2§CFR 200.414),and the direct cost base to which the rate will be applied. Do not include cost rates for q0 subrecipients. This Agreement between the Department of Housing and Urban Development(HUD) and the Participating Jurisdiction/Entity is made pursuant to the authority of the HOME Investment Partnerships Act(42 U.S.C.12701 et seq.).The Participating Jurisdiction's/Entity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92(as is now in effect and as may be amended from time to time)and this HOME Investment Partnership Agreement,form HUD-40093,including any special conditions, constitute part of this Agreement.Subject to the provisions of this Agreement,HUD will make the funds for the Fiscal Year specified,available to the Participating Jurisdiction/Entity upon execution of this Agreement by the parties.All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD,without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502.To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent.The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing.Repayment shall be made as specified in 24 CFR Part 92.The Participating Jurisdiction agrees to assume all of the responsibility for environmental review,decision making,and actions,as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. The Grantee shall comply with requirements established by the Office of Management and Budget(OMB)concerning the Universal Numbering System and System for Award Management(SAM)requirements in Appendix A to 2 CFR part 25,and the Federal Funding Accountability and Transparency Act(FFATA)in Appendix A to 2 CFR part 170. The Period of Performance for the funding assistance shall begin on the date specified in item 12 and shall end on September 1 s'of the 5h fiscal year after the expiration of the period of availability for obligation.Funds remaining in the account will be cancelled and thereafter not available for obligation or expenditure for any purpose.Per 31 U.S.C.1552. The grantee shall not incur any obligations to be paid with such assistance after the end of the Period of Performance. 13. For the U.S.Department of HUD(Name and Title of Authorized Official) 14. na a 15. Date Aaron Gagne-HUD Community Planning and Development Director ( 08 /03 /2016 16.For the Participating Jurisdiction/Entity(Name and Title of Authorized Official) 17.`� ( 18.Date Ed Brown—City of Pueblo Vice President City Council g /'1/ )'a 19.Check one: ®.Initial Agreement ❑ Amendment# 20.Funding Information: HOME Source of Funds Appropriation Code PAS Code Amount FY 2016(B) 866/90205 HMF $549,829.00 Page 1 form HUD-40093 • Funding Approval/Agreement U.S.Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No. 2506-0193(exp 5/31/2018) H1-00515R of 20515R 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit DUNS Number Pueblo 846000615 010620284 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin 1 City Hall P1 (mm/dd/yyyy) Pueblo,CO 81003-4201 5a.Project/Grant No.1 6a.Amount Approved B-16-MC-08-0007 $1,337,916.00 5b.Project/Grant No.2 6b.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title 1 of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the patties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g)of Title I and published in 24 CFR Pan 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub- recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development (By Name) Grantee Name Aaron Gagne Pueblo Ed Brown City of Pueblo Title Title HUD Community Planning and Development Director Grantee Vi Presi dant of Cir Council Signature Date(mm/dd/yyyy) Sig Date(mm/dd/yyyy) August 3,2016 � `�� 0 ct /1'1-1101 to 7.Category of Title I Assistance r this Funding Action 8.Special Conditions 9a.Date HUD Received Submission 10.check one (check only one) (check one) (mm/dd/yyyy) 06/27/2016 IS a.Orig.Funding ®a.Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval b.State-Administered,Sec 106(d)(1) ®Attached (mm/dd/yyyy)07/05/2016 0 b.Amendment 9c.Date of Start of Program Year Amendment Number c.HUD-Administered Small Cities,Sec 106(d)(2)(B) 9 d.Indian CDBG Programs,Sec 106(a)(1) (mm/dd/yyyy) 03/01/2016 ❑e.Surplus Urban Renewal Funds,Sec 112(b) 11.Amount of Community Development f.Special Purpose Grants,Sec 107 Block Grant FY(2016) FY FY( ) a.Funds Reserved for this Grantee $1,337,916.00 ❑g.Loan Guarantee,Sec 108 b.Funds now being Approved $1,337,916.00 c.Reservation to be Cancelled (11a minus 11b) 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency N/A 1 City Hall PI Loan Guarantee Acceptance Provisions for Designated Agencies: Pueblo,CO 81003-4201 The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency guarantee assistance,and agrees to comply with the terms and conditions of the Agreement,applicable regulations,and other requirements of HUD Title now or hereafter in effect,pertaining to the assistance provided it. Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy)- F 153 I 1 7 6 — — Y Project Number Amount Y Project Number Amount LI Date Entered PAS(mm/dd/yyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082(4/93) 8. Special Conditions. (a) The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2023. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2023. (b) If Funding Assistance will be used for payment of indirect costs pursuant to 2 CFR 200, Subpart E - Cost Principles, attach a schedule in the format set forth below to the executed Grant Agreement that is returned to HUD. The schedule shall identify each department/agency that will carry out activities with the Funding Assistance, the indirect cost rate applicable to each department/agency (including if the de minimis rate is charged per 2 CFR §200.414), and the direct cost base to which the rate will be applied. Do not include indirect cost rates for subrecipients. Administering Direct Department/Agency Indirect cost rate Cost Base* % *Specify the type of cost base utilized - e.g., Modified Total Direct Costs (MTDC). Do not include amounts. (c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the System for Award Management (SAM.gov), and the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and System for Award Management, and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication- related, water- related and wastewater-related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownsfield as defined in the Small Business Liability Relief and Brownsfield Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that that indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non- Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372-Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations.